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Guardianships

Transferring Guardianships: What you need to know.

June 11, 2019 by Isaac J. Jean-Pierre, Esq.

transferring guardianships_ID 124118613 © Tirachard Kumtanom | Dreamstime.com

By Isaac J. Jean-Pierre, Esquire-

A guardian is often an individual appointed by a court to make key decisions regarding another person’s physical welfare and/or finances.  In the context of guardianships, the person who is subject to the decision-making authority of a guardian is often referred to as an incapacitated person, and it is not uncommon that the guardian bears additional responsibilities in addition to promoting the welfare of the incapacitated person.

Depending on the circumstances of the guardian’s work or family situation, and depending on where the incapacitated person is physically located, it may be appropriate to consider what tools are available to a guardian who crosses state lines on a permanent basis after receiving a guardianship appointment in Pennsylvania.

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the “Act”),[1] which has been adopted in Pennsylvania, provides for the transfer of guardianship to and from the state in which the guardianship was originally provided.  For the purposes of this article, we will assume that a guardian appointed in Pennsylvania has encountered a circumstance that requires the guardian to move to another state with the incapacitated person.

When a guardian appointed in Pennsylvania wishes to transfer their guardianship to another state, a petition must be filed with the local Orphans’ Court, seeking a transfer of the guardianship.  After providing notice to the required parties, and a hearing, the Orphans’ Court in Pennsylvania will enter a provisional order directing the guardian to seek guardianship in the destination state.  Under the Act, the Orphans’ Court must find that the: (1) incapacitated person is physically present in or is reasonably expected to move permanently to the other state; (2) an objection to the transfer has not been made; and (3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.  After the court in the destination state confirms the guardianship transfer, the Orphans’ Court in Pennsylvania will issue a final order confirming the transfer to the destination state.

The total length of the guardianship transfer process will likely be dependent on various factors, but a guardian considering a transfer should consult with legal counsel to ensure as smooth of a transition as possible, especially where the facts of each circumstance could dictate a different result.


Isaac_Jean_Pierre  Isaac J. Jean-Pierre is an attorney in MacElree Harvey’s Litigation Department in the West Chester office. Licensed to practice in Pennsylvania, Isaac focuses his practice in the areas of commercial litigation, trust & estate litigation, and banking and finance litigation.

To learn more about Isaac’s practice, contact him by phone at (610) 840-0273 or email at [email protected].

[1]           20 Pa.C.S. § 5901, et seq.

Filed Under: Articles by Our Attorneys Tagged With: Guardianships, Isaac Jean-Pierre, litigation, trust and estate litigation

Trust Termination

April 12, 2019 by Kristen R. Matthews, Esq.

By Kristen Matthews, Esquire, CELA

Trust Termination - Kristen Matthews, Esquire, CELA

Even when a trust is established with a clear purpose and the best intentions, over time a trust’s original purpose may lose its relevance.  As attorneys, we often create trusts in order to protect a beneficiary from themselves and others.  However, what options are available to a trust beneficiary who is no longer disabled, has matured and is now capable of sound financial decisions, or is no longer facing creditor and liability claims or marital discord.  What options are available to a trustee who has managed a trust well, the trust has served its purpose, but the trust balance is now small and no longer economical to continue?

Beneficiaries and Trustees who find themselves in these and other similar situations may be glad to learn that Pennsylvania law may permit termination of that trust, even before its stated term expires.

When the Grantor (the individual who established the trust) is still living, the trust may be terminated simply by obtaining the written consent of the Grantor and all of the trust beneficiaries.  When the Grantor has passed, the Trustee may terminate the trust upon written notice to and consent of all of the trust beneficiaries.

While termination by consent is often an option, there are situations which will require Court approval, including those where obtaining unanimous consent of the parties to the trust is not possible.

If you are Trustee or beneficiary of a trust, and you find yourself in a situation where that particular trust no longer makes sense, trust termination may be possible.  We can review the trust document, explore the relationship of the parties to the trust (Grantor, Trustee, and beneficiaries) and assess whether trust termination is an option.


Elder Law Attorney - Kristen Matthews, CELA

Kristen R. Matthews works closely with individuals on a wide variety of estate and trust planning and administration matters. She is an experienced elder law attorney and assists clients with matters including advance and crisis Medicaid planning, guardianships, special needs trusts, and Veterans Pension benefits.

To schedule a consultation with Kristen, call 610-840-0272. 

Filed Under: Articles by Our Attorneys Tagged With: Estates and Trusts, Guardianships, Kristen R. Matthews

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